1. ABOUT US
IC Plus is a wholesaler of electrical and security equipment company. We specify in online and offline sale of our products to provide you a better service experience.
Thank you for contacting us. All services are made available by IC Plus via www.ic.plus. For the purpose of these terms, “we, us, our, company” shall be referenced to IC Plus while “you, customer/client/buyer” shall be the user of our services.
You agree that by using this company, you have read, understand and accept this terms and conditions of sale. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of this company especially that of General Data Protection Regulation (GDPR).
2. DEFINITION OF TERMS
The following terms are defined to better understand this terms and conditions:
Buyer: The person, firm or company who purchases goods from IC Plus.
Contract: An agreement between our company and the buyer for the sale and purchase of goods, adhering to these conditions.
Delivery Point: The place where goods purchased can be accessed (read more in the delivery section).
Goods: Any item in the contract which is to be supplied to the buyer by the company.
‘Hard Brexit’ –A situation which would see the United Kingdom leaving the EU without a withdrawal agreement with the EU.
3. GENERAL AGREEMENT
You agree that by using IC Plus, you acknowledge that you have read, understood and accepted our terms and conditions, and any other legal terms stated herein.
You agree that if in any way or by default, you do not agree with the terms and conditions of sale of IC Plus, you are advised to disengage in purchasing from us.
You agree that you will always check the terms for modification(s) or update(s) as the case may be.
You agree that this terms and conditions is in compliance with the General Data Protection Regulation (GDPR)
You agree that you understand the conditions on sales return and restocking charges as stated in this term. You agree that each right of the company under the contract is without prejudice to any other right or remedy of the company whether under the contract or not.
You agree that if any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly legal, invalid, void, unenforceable or unreasonable it shall be to the extent of such mentioned ahead and it is deemed severable and the remainder of such provision shall continue in full force and effect.
You agree that failure or delay by the company in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of its rights under the contract.
You agree that any waiver by the company as a result of any breach, or any default under any provision of the contract by the buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect other terms of the contract.
You agree that the parties involved in the contract do not intend that any terms of the contract be enforceable by virtue of the contracts (third parties right Act 1999) by any person that is not a party to it.
You agree that this contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Irish law, and the parties submit to the exclusive jurisdiction of the Irish court.
4. APPLICATION OF TERMS
4.1 Subject to any variation under condition 4.3, the contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, or other document).
4.2 No terms or conditions endorsed on, delivered or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
4.3 These conditions apply to all the company’s sales and any variation to these conditions and any representatives about the Goods shall have no effect unless expressly agreed in writing and signed by the CEO of the Company. The Buyer acknowledges that there is no reliance on any statement, promise or representation made or given by or on behalf of the Company which is not stated in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
4.4 Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to the Goods subject to these conditions.
4.5 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgment of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
4.6 The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.
4.7 Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgment of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
5.1 The quantity and specification of the Goods shall be as set out in the Company’s quotation or acknowledgment of order. The Company reserves the right to amend the specification of the Goods without prior notice to the Buyer.
5.2 All Samples, performance figures, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, webshop or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
6.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place when the Goods are offloaded at the Buyer’s place of business, as notified by the Buyer to the Company at the time the order is placed. The Buyer is deemed to accept the Goods upon delivery.
6.2 The Buyer shall take delivery of the Goods within 14 days of the Company giving it notice that the Goods are ready for delivery.
6.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence reasonable time.
6.4 Subject to the other provisions of these conditions the Company shall which terms include, without limitation, pure economic loss, loss of profits, and loss of business, depletion of goodwill and similar loss) costs, damages, charges or expenses caused directly or indirectly by a negligence, nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days .
6.5 If for any reason the Buyer fails to accept delivery of any Goods when they are ready for deliver, or the company is unable to deliver the goods on time because the buyer has not provided appropriate instructions, documents, licenses and authorization:
a. Risk in the goods shall pass to the buyer (including loss or damage caused by the company’s negligence).
b. The Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
6.6. The Buyer shall provide at the Delivery Point and at its expense adequate equipment and manual labour for loading the Goods.
6.7 If the Company delivers to the Buyer a quantity of Goods of up to 5% more or less than the quantity accepted by the Company, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such Goods at the pro rata Contract rate.
6.8 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
6.9 Each instalment shall be separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
7.1 The quantity of any consignment of Goods are recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer can provide conclusive evidence proving the contrary.
7.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
7.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within reasonable time or issuing a credit note at the pro rate Contract rate against any invoice raised for such Goods.
8.1 The Goods are at the risk of the Buyer from the time of delivery
8.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of.
a. The Goods; and
b. All other sums which are, or which become due to the Company from the Buyer on any account
8.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
a. Hold the Goods on a fiduciary basis as the Company’s bailee;
b. Store the Goods (at no cost to the Company) separately from all other Goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;
c. Not destroy, deface or obscure any identity mark or packaging on or relating to the Goods; and
8.4 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
a. Any sale shall be affected in the ordinary course of the Buyer’s business at full market value and the Buyer shall hold such part of the proceeds of the sale as represent the amount owed by the Buyer to the Company on behalf of the Company and the Buyer shall account to the Company accordingly; and
b. Any such sale shall be a sale of the Company’s property on the Buyers own behalf and the Buyer shall deal as principal when making such a sale.
8.5 The Buyer’s right to possession of the Goods shall terminate immediately:
a. The Buyer has a bankruptcy order made against him or makes an arrangement or composition with his credits, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors( whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of schedule B1to the insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to insolvency or possible insolvency of the Buyer ; or
b. The Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/ it, or fails to observe or perform any of his/ its obligations under the Contract or any other Contract between the Company and the Buyer, or is unable today its debts within the meaning of the Insolvency Act 2012 or the Buyer ceases to trade or;
c. The Buyer encumbers or in any way charges any of the Goods. 8.6The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
8.6 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored (and to use reasonable force to do so if necessary) in order to impact them, or, where the Buyer’s right to possession has terminated, to recover them. The Buyer agrees to indemnify the Company in respect of any claims, costs or damages against or incurred by the seller as a result of entering such premises.
8.7 Where the Company is unable to determine whether any Goods are the Goods in respect of which the Buyer’s right to possession has terminated. The Buyer shall be deemed to have sold all Goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
8.8 On termination of the Contract, howsoever caused, the Company’s (but not the Buyer’s) rights contained in the condition 6 shall remain in effect.
9.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published on date of delivery or deemed delivery.
9.2 The price for the Goods may be varied at any time by the Company in the event that the cost incurred by the Company in relation to raw materials, labour, utilities, duties or other imports increases.
9.3 The price of the Goods shall be exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.
9.4 Delivery shall be free in relation to all orders which exceed the value of €1000 (exclusive of VAT). Delivery charges in relation to all other orders shall be confirmed by the Company in the written acknowledgement of the order.
9.5 Unless agreed otherwise in writing, the price for the Goods shall include packaging.
10.1 Subject to condition 9.2 payment of the price for Goods is due in the currency shown on the invoice payable within the agreed terms as noted on the invoice in which the Goods are delivered or deemed to be delivered, unless agreed otherwise in writing by the Company.
11. LATE PAYMENT
11.1 Time for payment shall be of the essence as we will be charging interests on late payment. Payments that exceed the stipulated terms agreed upon will attract extra charges.
Contract, the Buyer shall be liable to pay interest to the Company for any late payments.
As such interest will be charged at 2% monthly on the balance outstanding, accruing daily until payment is made in full and final settlement of the outstanding balance together with accrued interest.
The Company reserves the right to claim interest under the Late Payment Directive
(b) Until such sums are fully paid the Company reserves the right to suspend any warranty or support on the goods supplied by the Seller to the Buyer. Failure to pay the account within our agreed terms beyond 30 days after due date the Seller will reserve the right to pass your account to a debt collection agency to pursue the outstanding balance on the account.
Additional charges will be applicable to the Buyer as a result of pursuant of the debt.
11.2 No payment shall be deemed to have been received until the Company has received cleared funds.
11.3 All payments payable to the Company under the Contract shall become due immediately, on its termination despite any other provision.
11.4 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
12.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
12.2 The Company warrants that (subject to other provisions of these conditions) on delivery, and for a period of 12 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods and Supply of Services Act 1980.
12.3 The Company shall not be liable for a breach of the warranty in condition 12.2 unless;
a. The Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit to the carrier, within 7 days of the time when the Buyer discovers or ought to have discovered the defect;
b. The Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business.
12.4 The Company shall not be liable for breach of warranty in condition 12.2 if;
a. The Buyer makes any further use of such Goods after giving such notice; or
b. The defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
c. The Buyer alters or repairs such Goods without the written consent of the Company.
12.5 Subject to condition 12.3 and 12.4, if any of the Goods do not conform with the warranty in condition 9.2 the Company shall at its option repair or replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall return the Goods to the part of such Goods which is defective to the Company.
12.6 If the Company complies with condition 12.5 it shall have no further liability for a breach of the warranty in condition 12.2 in respect of such Goods.
12.7 Any Goods replaced shall belong to the Company and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period
12.8 A handling charge of 20% of the Contract price shall be applied in the event that any Goods are returned to the Company which were correctly supplied to the Buyer and do not breach the warranty in condition 12.2. In these circumstances the Buyer shall bear the costs of returning the Goods to the Company
12.9 All returned Goods shall be complete with packaging and internal parts, otherwise shall not be accepted.
13. PERSONAL INFORMATION
13.1 The company takes your privacy seriously and we do our best possible mean to protect any personal information we request from you according to the General Data Protection Regulation (GDPR) of your jurisdiction.
13.2 The Buyer shall not, without the prior written consent of the Company, disclose to any third party any information, technical data, know how or other secret or confidential information which has been supplied or disclosed by the Company to the Buyer.
14.1 The Contract may be terminated immediately by the Company upon the occurrence of any of the events listed in condition 8.5.
15. LIMITED LIABILITY
15.1 The company will not be liable to you for any damage or loss encountered as a result of your negligence, loss of product, lost profit or fraudulent act from third parties, product quality and failure and charges relating to repairs that may need to be done in the use of our website.
We will also not be responsible for any malfunction that may occur with the use of this website.
15.2 Subject to condition 6, condition 7 and condition 11, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-Contractors) to the Buyer in respect of;
a. Any use made or resale by the Buyer of any of the Goods, or of any product
b. For death or personal injury caused by the Company’s negligence; or
c. Under section 2(3), Consumer Protection Act 2007; or
d. For any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
e. For fraud or fraudulent misrepresentation
15.3 Subject to condition 15.1 and condition 15.2;
a. The Company’s total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
b. The Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
16.1 The Company may assign the Contract or any part of it to any person, firm or Company.
16.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.
17. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period of 180 day, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
In the event of a Hard Brexit occurring the Company reserves the following rights at its sole discretion:
a. The right to terminate the contract
b. The right to revise the price quoted for the Goods.
In the event the revised price quoted for the Goods is not acceptable to the Buyer then the Company shall have the right to terminate the contract.
19.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or e-mail:
a. (In case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company or to the email address email@example.com; or
b. (in the case of communications to the Buyer) to the registered office of the address (if it is a Company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.
19.2 Communications shall be deemed to have been received: a. If sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or b. If delivered by hand, on the day of delivery; or c. If sent by fax or e-mail on a working day prior to 4.00pm, at the time of transmission and otherwise on the next working day.
19.3 Communications addressed to the Company shall be marked for the attention of the Trade Sales Manager
20. WEEE COMPLIANCE B2B
20.1 The B2B end user is responsible for all liabilities regarding the environmental sound disposal of this EEE when it is discarded as WEEE.
20.2 The producer may, for commercial reasons only, offer a take back option when a B2B end user is purchasing a new product. However, this will be decided on a case by case basis and may incur a charge. or firstname.lastname@example.org for a free no obligation quote for the removal of WEEE items from a B2B end user
21. SALES RETURN
21.1 You have 5 calendar days to return an item from the date you received it.
21.2 To be eligible for a return, your item must be unused and in the same condition that you received it.
21.3 Your item must be in the original packaging.
21.4 Your item needs to have the receipt or proof of purchase.
21.5 Custom orders or personalised orders which are made especially for you cannot be returned are both non-returnable and non-refundable.
21.6 Not all products are returnable, they are called non-returnable products. They are products that are damaged by the buyer, missing part/incomplete product part due to your negligence or unoriginal form of product.
21.7 Never forget to always remove/detach your personal data and order information from the products you are returning. Also, make sure that there are no connected device linked to any cloud account (or any other device) so that the return on sales product may be accepted.
22. RESTOCKING CHARGES
This is usually 10-20% of the retail price. This fee will be charged by IC Plus for the acceptance of any product(s) returned for a refund. A restocking fee will be charged on products that fail to meet section 21 of this term.
24. DEBT COLLECTION
This is usually the procedure used in pursuing payments of debts owned by an individual or organization. It is governed by the Consumer Credit Act 1995. IC Plus sends debtors account to debt collector companies where their account is charged and invoiced.
25. CONTACT INFORMATION
For further inquiries about this terms and conditions, questions or comments on products or anything; feel free to contact us:
Fax: 00 353 1419 6245
IC Plus LTD
Unit C,2004 Orchard Avenue,
City West Business Campus’
Dublin 24 (D24YK28). SSIGNMENT